Layla Linegar v. Mark Lobanoff, M.D. ( 2013 )

United States Court of Appeals
For the Eighth Circuit
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No. 12-2635
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Layla M. Linegar
lllllllllllllllllllll Plaintiff - Appellant
v.
Mark Lobanoff, M.D., and North
Suburban Eye Specialists, LLP
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Minnesota - Minneapolis
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Submitted: February 20, 2013
Filed: March 7, 2013
[Unpublished]
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Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Layla Linegar appeals the district court’s1 order dismissing her diversity action
asserting state medical tort claims, after Linegar acknowledged that she did not have
an expert witness to testify at trial. After careful review, see Schaffart v. ONEOK,
Inc., 686 F.3d 461, 470 (8th Cir. 2012) (grant of judgment as matter of law is
reviewed de novo), we conclude that the dismissal was proper for the reasons stated
by the district court, see Fabio v. Bellomo, 504 N.W.2d 758, 762 (Minn. 1993)
(expert-testimony requirement for medical-malpractice claim); Reinhardt v. Colton,
337 N.W.2d 88, 96 (Minn. 1983) (expert-testimony requirement for negligent-
nondisclosure claim). The judgment is affirmed. See 8th Cir. R. 47B.
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1
The Honorable Paul A. Magnuson, United States District Judge for the District
of Minnesota.
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